These Terms of Service (“Terms”) govern your access to and use of the Carrier Shark platform and related services (collectively, the “Platform”).
The Platform is operated by Carrier Shark LLC, a Georgia company (“Carrier Shark,” “we,” “us,” or “our”). By accessing or using the Platform, creating an account, or clicking “I Agree” (or equivalent), you agree to be bound by these Terms.
Your use of the Platform is also subject to our Privacy Policy, which describes how we collect, use, disclose, and retain information.
| Term | Meaning |
|---|---|
| “User” / “you” | Any person or entity that accesses or uses the Platform, including brokers/3PLs, carriers, shippers, and their personnel. |
| “Broker–Carrier Agreement” | Any agreement between a broker/3PL and a motor carrier (or their agents) that is transmitted, executed, or stored using the Platform. |
| “OCR Data” | Any extracted, parsed, or inferred data produced by automated document processing (including OCR) for convenience. |
| “Third-Party Data” | Information supplied by users, insurers, or third parties (including governmental sources such as FMCSA datasets). |
Carrier Shark is a neutral technology provider that offers software tools for document transmission, workflow automation, electronic signature facilitation, storage, and display of Third-Party Data.
Carrier Shark is not a party to any Broker–Carrier Agreement or other agreement transmitted, executed, or stored using the Platform.
Nothing in these Terms or your use of the Platform creates any partnership, joint venture, employment relationship, fiduciary relationship, or agency relationship. Carrier Shark does not act as agent for any broker, carrier, shipper, insurer, or other User.
You represent, warrant, and covenant that:
The Platform may facilitate electronic signatures and electronic records pursuant to applicable law (including E-SIGN and Georgia/UETA principles). Users agree that electronic signatures and records may have the same legal effect as ink signatures and paper records where permitted by law.
Carrier Shark does not verify, certify, guarantee, endorse, approve, or validate:
Carrier Shark does not provide legal advice, insurance advice, regulatory compliance advice, or professional services of any kind. The Platform provides software tools and informational workflows only. You are responsible for obtaining independent professional advice as appropriate for your business.
The Platform and all Third-Party Data (including FMCSA displays, insurance document displays, and OCR Data) are provided AS IS and AS AVAILABLE, without warranties of any kind, to the maximum extent permitted by Georgia law.
You acknowledge and agree that you are not relying on Carrier Shark for verification, certification, due diligence, or risk underwriting.
WITHOUT LIMITING THE FOREGOING, CARRIER SHARK EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Carrier Shark does not undertake and expressly disclaims any duty to monitor, detect, prevent, or remediate fraud, impersonation, forged signatures, falsified documents, insurance gaps, or regulatory non-compliance. Any tools, flags, alerts, reminders, status indicators, or workflows are provided for convenience only and do not create any duty, obligation, or standard of care.
You agree to comply with our Acceptable Use Policy (“AUP”), which is incorporated by reference into these Terms. Violations of the AUP may result in suspension or termination of your access to the Platform.
Without limiting the AUP, you agree not to:
If you purchase a subscription or paid plan, you agree to pay all fees as described at checkout or in an order form. Unless otherwise stated, fees are non-refundable to the maximum extent permitted by law.
Unless otherwise stated in an Order Form or at checkout, subscriptions renew automatically for successive billing periods until canceled.
You may cancel a subscription at any time, but cancellations will generally take effect at the end of the current billing period and previously paid fees will not be refunded unless required by law.
Carrier Shark may suspend or limit access to paid features for overdue accounts.
Note: This Terms template supports a “fees-paid lookback” liability cap (see Section 16). If you also use Order Forms/MSAs for enterprise accounts, keep those consistent with this cap structure.
Carrier Shark and its licensors retain all right, title, and interest in and to the Platform, including software, interfaces, designs, and documentation. Except for the limited right to use the Platform under these Terms, no rights are granted by implication or otherwise.
You retain ownership of documents and content you upload (“User Content”). You grant Carrier Shark a limited, non-exclusive license to host, process, transmit, display, and store User Content solely as necessary to operate the Platform, provide support, and comply with law. You represent that you have all rights, permissions, and authority necessary to upload, share, transmit, and store User Content through the Platform.
THIS SECTION IS A MATERIAL INDUCEMENT FOR CARRIER SHARK TO PROVIDE THE PLATFORM AND SETS A FAIR ALLOCATION OF RISK. TO THE MAXIMUM EXTENT PERMITTED BY GEORGIA LAW, CARRIER SHARK WILL NOT BE LIABLE FOR ANY:
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF CARRIER SHARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY GEORGIA LAW, CARRIER SHARK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CARRIER SHARK FOR THE PLATFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in Sections 15–16 do not apply to liability arising from Carrier Shark’s fraud or willful misconduct, and do not apply to gross negligence to the extent a court determines such limitation is not enforceable under applicable law.
You will defend, indemnify, and hold harmless Carrier Shark and its officers, directors, employees, contractors, and agents from and against any claims, demands, suits, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
This obligation survives termination of these Terms.
Carrier Shark may suspend or terminate access if we reasonably believe you violated these Terms, engaged in fraud or misuse, or created risk to the Platform, other Users, or third parties. Termination does not eliminate obligations that by their nature survive (including indemnity and limitations).
Survival: Sections relating to limitation of liability, indemnification, dispute resolution, intellectual property, governing law and venue, and any provisions that by their nature should survive, will survive any expiration or termination of this Agreement.
The Platform may reference or display Third-Party Data and may interoperate with third-party services. Carrier Shark is not responsible for third-party systems, availability, or accuracy of Third-Party Data. Carrier Shark does not guarantee uninterrupted availability of the Platform, APIs, alerts, notifications, integrations, or third-party services.
Carrier Shark will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, power or internet outages, labor disputes, governmental actions, war, terrorism, civil disturbances, cyberattacks, or failures or interruptions of third-party hosting, telecommunications, or service providers.
If Carrier Shark provides API access, you may use the API only in accordance with these Terms and any applicable documentation.
Carrier Shark may impose rate limits, usage restrictions, or suspend API access to protect the Platform and other users.
You may not resell, share, scrape, misuse, or attempt to gain unauthorized access through the API.
Carrier Shark does not guarantee API availability, uptime, or backwards compatibility.
Before filing a claim, you agree to contact us at [email protected] and provide a brief written description of the dispute and your requested resolution. The parties will attempt in good faith to resolve the dispute within thirty (30) days.
Except as provided in Section 21.3, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted in Atlanta, Georgia, unless the parties agree otherwise.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
YOU AND CARRIER SHARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
You may opt out of arbitration and the class action waiver by sending written notice to [email protected] within 30 days of first accepting these Terms, stating your name, account email, and your intent to opt out.
These Terms are governed by the laws of the State of Georgia, excluding conflict-of-laws rules. If arbitration is found unenforceable for a particular claim, the state and federal courts located in Fulton County, Georgia (and the Northern District of Georgia, as applicable) will have exclusive jurisdiction, and the parties consent to personal jurisdiction and venue there.
Legal notices to Carrier Shark must be sent to: Carrier Shark LLC, 8735 DUNWOODY PLACE, STE R, Atlanta, GA, 30350 and by email to [email protected].
You may not assign these Terms without Carrier Shark’s prior written consent. Carrier Shark may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the provision will be enforced to the maximum extent permitted to effect the parties’ intent.
These Terms, together with any applicable Order Form, enterprise agreement, or other written agreement signed by both parties (each, an “Order Form”), constitute the entire agreement between you and Carrier Shark regarding the Platform (the “Agreement”) and supersede all prior or contemporaneous understandings relating to the subject matter.
If the parties execute a Data Processing Addendum (“DPA”), the DPA will govern the processing of Personal Information to the extent applicable, and in the event of a direct conflict between the DPA and these Terms, the DPA will control solely to the extent of the conflict.
If you enter into an Order Form, the Order Form is incorporated into this Agreement by reference. In the event of a direct conflict between these Terms and a signed Order Form, the Order Form will control solely to the extent of the conflict and only with respect to the specific services covered by that Order Form.
Except as expressly stated in a signed Order Form, these Terms apply to all access to and use of the Platform.
Carrier Shark may identify the applicable Terms version in system records at the time of acceptance, and such electronic records will be admissible and sufficient evidence of assent.
Carrier Shark may modify these Terms from time to time. Updated Terms will be posted on the Platform and will indicate the revised “Last Updated” date.
For users without an active paid subscription, changes become effective upon posting. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
For users with an active paid subscription governed by a signed Order Form, material changes that are reasonably adverse to the subscriber will not take effect until the next renewal term, unless the subscriber affirmatively accepts the updated Terms earlier. Non-material changes, clarifications, updates required by law, or changes that do not materially reduce subscriber rights may take effect during the current subscription term.
Carrier Shark may require users to affirmatively accept updated Terms before continuing to access certain features of the Platform.
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